Patna High Court
Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Rajnish Kumar, sought anticipatory bail after the police registered a case alleging his involvement in kidnapping and raping a minor, the daughter of an informant, for the purpose of marriage. The prosecution alleged that the petitioner, along with other accused, forcibly took the victim on a motorcycle, confined her for 10‑15 days, and committed rape, as recorded in the victim's statement under Section 183 of the Bihar Narcotic Substances Act (BNSS). The victim’s statement was deemed credible and highlighted the seriousness of the offences, which are punishable under Sections 96 and 3(5) of the Bihar Narcotic Substances Act. The court examined whether the petitioner was entitled to anticipatory bail given the gravity of the allegations and the victim’s corroborated testimony. Concluding that the nature of the crime and the victim’s statement warranted denial of bail, the court rejected the petition for anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged kidnapping and rape
- Whether the victim's statement under Section 183 BNSS suffices to deny anticipatory bail
Legislation cited
- Bihar Narcotic Substances Act — s. 183, 3(5), 96
Subjects
- anticipatory bail
- kidnapping
- rape
- victim statement
- Bihar Narcotic Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75459 of 2025
Arising Out of PS. Case No.-254 Year-2024 Thana- KALYANPUR District- East Champaran
======================================================
Rajnish Kumar S/o Janak Mahto R/o Village- Tajpur, P.S.- Town (Baruraj,
District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manjeet Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered
for the offences punishable under Sections 96 and 3 (5) of
BNS.
3 . The prosecution case , in brief, is that all the F.I.R
named accused persons including this petitioner kidnapped
minor daughter of informant for the purpose of marriage .
4. The victim in her statement recorded under section
183 BNSS has supported the prosecution case and categorically
stated that this petitioner forcibly took her on motorcycle and
kept her in a room for 10 – 15 days and committed rape with
her.
5 . Considering the seriousness and nature of
accusation , 183 BNSS statement of the victim and gravity of
Patna High Court CR. MISC. No.75459 of 2025(2) dt.05-02-2026
2/2
offence and other circumstances of the case , the prayer of
petitioner for anticipatory bail is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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